When a driver in Ontario endangers other citizens by operating a car while intoxicated, that person could be held liable for all damages stemming from an accident.
In addition to the inebriated person being held liable, however, other parties could also be held liable in such cases.
Social hosts should exercise good judgment
For example, if a social host, restaurant or bar server provided alcohol to the at-fault driver, that individual could be partly to blame and partly liable for accident damages.
Holding social hosts liable for guests who are impaired by alcohol has been ruled on in the past.
The Supreme Court declined to find a social host liable but in our respectful opinion, the door is not completely shut on future scenarios that might bring liability.
A social host should always be vigilant when serving alcohol. The devastation that comes from knowing a person left your home drunk is perhaps as important as the potential liability.
Hosts can be added as defendants in litigation
Many personal injury lawyers will add the host as defendant exposing them to years of litigation.
In this case, a young woman suffered catastrophic and disabling injuries after a drunk driver hit her vehicle. In addition to suing the driver, the injured woman sued the hosts from a party where the intoxicated driver was drinking before the New Year’s Day crash.
Even a single car accident could provide the basis for a claim against a restaurant, bar, nightclub or other alcohol purveyor for over serving.
Continuing to serve a person already intoxicated, letting that person leave and get into a vehicle causing injuries to themselves could be the basis for liability.
According to the Supreme Court’s decision in this case, although party hosts are not under the burden of monitoring their guests, in situations where hosts induce guests to drink (perhaps through drinking games), the court will view these hosts as negligently creating or exacerbating a risk. The hosts could be held liable for this negligent behavior.
Protect yourself with sufficient insurance
This is another reason for homeowners to make sure they have maximum liability coverage for home and auto. Additionally, they should have umbrella insurance to increase the limits.
A brain injured or quadriplegic person could be entitled to more than $5 million in damages for lost income, care and future medical costs above and beyond pain and suffering damages.
We are all potential defendants. We are all exposed to poor judgement in drinking and driving.
We all need to protect ourselves and our assets’ liability for alcohol-related injuries.
If you cause a serious injury your assets are protected to the limits of the policy but you also afford the injured victim sufficient insurance coverage to pay for legitimate and proven damages related to the crash.
